When Is a Property Owner Liable for Personal Injury on Their Premises?

In Glen Cove, NY, a property owner can certainly be held liable under premises liability law if they fail to exercise reasonable care and someone gets hurt. It can get complicated, however, so talk to a personal injury lawyer quickly to find out where you stand and what all your options are for compensation.

Property Owners and Managers and Their Liability

To hold a property owner liable in a premises liability personal injury claim, the injured person has to prove the four elements of negligence:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

1. Duty of Care

You, as the injured person, must show that the property owner had a duty to keep the property safe. While this duty is assumed under the law, the real trick here sometimes is showing who had this duty. In some cases, it may be the owner of the property, but in other cases, it could be a store manager, a tenant, a property management company, or several entities.

2. Breach of Duty 

Here you have to show that the person who had the duty of care failed to fulfill it. Your lawyer will help you prove that the property owner created a dangerous condition, knew about a dangerous condition, or should reasonably have known about it (such as through inspections or reports) and didn’t fix it or warn you.

3. Causation

Causation is where you prove that it was specifically a breach of duty that caused your accident. In other words, it is not enough that there was an accident: you have to be able to show that, but for the property owner’s breach of the duty of care, the accident would not have happened or would not have been nearly so serious.

4. Damages

This is where you prove precisely what losses you have incurred due to the accident. You usually prove this with medical bills, witness testimony, etc.

How Your Status Affects the Duty

New York law looks at whether a person had the right to be on a property or not. If someone was specifically invited onto a property, the owner has a duty towards them. Trespassers are owed no duty of care unless the property owner knew the trespasser was there and did not tell them to leave (in which case, they essentially transformed the person from a trespasser into a guest), or if the property has what is known as an “attractive nuisance.”

An attractive nuisance is something to which a child could be expected to be attracted, meaning they might trespass without really understanding what they’re doing or why it’s dangerous. Swimming pools are the most common attractive nuisances.

Call a Personal Injury Lawyer

If you’ve been injured on someone’s property, call a lawyer as soon as possible so you can find out what your options are and the best next steps legally to secure your rights. Talk to Chiariello & Chiariello, Attorneys at Law today in Glen Cove to get a free consultation on your case.

Tags: premises liability, property owners, slip and fall
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